What's In A Name? Curver Luxembourg and Its Implications for Design Patents

43 Pages Posted: 12 Aug 2020 Last revised: 19 Aug 2020

See all articles by Zachary Shufro

Zachary Shufro

NYU School of Law; University of North Carolina at Chapel Hill School of Law; Tufts University

Date Written: May 1, 2020

Abstract

This Article examines design patent law in the context of the 2019 Court of Appeals for the Federal Circuit decision of Curver Luxembourg, SARL v. Home Expressions, Inc. It first explains the law of design patents as it was prior to the Curver Luxembourg decision — providing an overview of the three key requirements for design patent eligibility, the concept of an article of manufacture, and the design patent prosecution process. Then, it examines the Curver Luxembourg decision itself: the background of the case, the district court decision, and its affirmation on appeal. Finally, it examines the decision’s implications for design patent law, industry reactions to the decision, and specifically considers the increased importance of patent titles and the decision’s impact on the scope of prior art.

Keywords: Design Patent Law, Patent Law, Intellectual Property Law, IP Law

Suggested Citation

Shufro, Zachary, What's In A Name? Curver Luxembourg and Its Implications for Design Patents (May 1, 2020). 20 John Marshall Rev. Intell. Prop. L., Forthcoming November 2020, Available at SSRN: https://ssrn.com/abstract=3650178 or http://dx.doi.org/10.2139/ssrn.3650178

Zachary Shufro (Contact Author)

NYU School of Law ( email )

40 Washington Square South
New York, NY 10012
United States
8606042619 (Phone)

University of North Carolina at Chapel Hill School of Law ( email )

Chapel Hill, NC
United States

Tufts University ( email )

Medford, MA 02155
United States

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